How McGinty Controls the CCC

I am saddened by the naivety of punters who lambast Brian Burke, Julian Grill and others on the basis that "they must be guilty because the Corruption and Crime Commission says they are and the CCC is an independent body".

One person who knows how little independence the CCC has is Attorney-General Jim McGinty, architect of the CCC legislation and a man who is said to have a pathological hatred of Brian Burke that borders on obsession.

During the drafting of the CCC Bill, McGinty would have been well aware of the provisions of the Telecommunications (Interception) Western Australia Act 1996 which say that any agency using phone tap powers is required to report that fact to the minister responsible for that agency.

Since McGinty is the Minister responsible for the CCC, he must therefore be notified every time the CCC uses its powers to bug phones.

Now McGinty could have instructed that the CCC Bill contain a provision to ensure that the Attorney-General should not be notified in the event that he had a personal interest in a matter under investigation -- but he chose not to.

Therefore McGinty has been kept informed of every use of phone bugging powers in relation to his old factional arch-enemy Brian Burke. Indeed, as McGinty himself told the Parliament on 19 October 2004,

Section 6 of the Telecommunications (Interception) Western Australia Act provides that the chief officer of an eligible authority is to give to the responsible minister a copy of each warrant issued to the authority .... as soon as practicable after the issue ... of the warrant. I am to be advised of the exercise of the powers under the Telecommunications (Interception) Western Australia Act.

So it's not just a general notification of the use of powers, but a complete copy of the warrant. That's very powerful information if you have an interest in a case, and it might just explain a persistent rumour that some of McGinty's political staff seem to know who is being bugged by the CCC at any given point in time.

So in light of the requirement to keep McGinty apprised of all phone taps "as soon as practicable" after the issue of a warrant, it's difficult to see how the CCC could proceed with an effective investigation into, say, lobbyists and MPs who are linked with McGinty's Socialist Left Faction or his allies in the Splinter Right Faction.

Another very serious concern is that the CCC's budget is not determined by the Parliament but by the Government. This means, that as the man who controls the Caucus and the Cabinet through his Factional alliances, McGinty gets to decide the CCC's budget. And each year, the CCC is accountable for its spending to the responsible Minister - who just happens to be the Attorney-General, Jim McGinty.

There are many fine men and women employed at the CCC, who most likely would rather be chasing villains than being used as foot-soldiers in byzantine factional power struggles within the Labor Party.

The trouble is that the structure of the CCC leaves it open to this kind of abuse.

Until there is root-and-branch reform of the CCC's legislation and rock-solid procedures to prevent it being controlled or influenced by people with personal interests, no-one can have any confidence that the CCC is able to carry out its investigations free from political interference.

Contributed by Black Jack